UNM student files lawsuit against frat

ALBUQUERQUE {AP} A University of New Mexico student has filed a federal lawsuit against the university and a fraternity after she was allegedly raped during a party last year.

The lawsuit contends "Jane Doe" was a victim of a fraternity policy to ignore alcohol abuse, of UNM's failure to crack down on the fraternity party and the university's failure to adequately train its law officers to recognize signs and symptoms of rape drugs.

"Jane Doe" was an 18-year-old freshman when she went with a friend to a party last year at a UNM fraternity.

According to the lawsuit, "Jane" was given a drink she believes was spiked with a so-called date rape drug and then assaulted in a parking lot.

The lawsuit names the University of New Mexico, Sigma Alpha Epsilon's national organization and its New Mexico and Texas chapters as well as the two men accused of the assault.

The lawsuit, which does not reveal the woman's identity, seeks damages for her emotional distress, medical expenses and pain. According to the lawsuit, "Jane" became incapacitated after being given what she contends was Rohypnol, an illegal drug that can cause unconsciousness within minutes. She claims she was escorted to a parking lot by Victor Hernandez and Eduardo Garia, two members of the fraternity's University of Texas-El Paso chapter.

The lawsuit alleges "one or more members" of the Texas and New Mexico chapters sexually assaulted her.

Hernandez and Garcia were recently indicted on two counts of criminal sexual penetration and criminal sexual contact. They are scheduled to be arraigned this week.